1. What are the principal improvements of the new Regulation which
enters into force on 17 February 2005?

The new Regulation (EC) No
261/2004 establishing common rules on compensation and assistance to passengers
in the event of denied boarding and of cancellation or long delays of flights,
will enter into force on 17 February 2005. This Regulation
replaces an earlier regulation of 1991 which gave rights to passengers only in
the event of denied boarding. On one hand, the new Regulation increases
passengers’ rights in the event of denied boarding, and on the other hand,
it recognises for the first time the rights of passengers in the event of
cancellation or in the event of long delays.

Here are some examples of
the improvements:

1. The amounts of compensation to be paid to passengers
by the airlines in the event of denied boarding are considerably increased and
pass from:

a. from € 150 to € 250 on flights up to 1500 km,

b. from € 150 to € 400 for flights between 1500 km and 3500
km

c. from € 300 to € 600 for flights longer than 3500
km.

This compensation may be decreased by half if the passenger is not
delayed by more than 2, 3 or 4 hours respectively.

2. Passengers’
rights are extended in the of cancellation: a right to the same compensation as
in the event of over-booking, under certain conditions, and to assistance
(meals, accommodation if the alternative flight proposed is the following day)
and to the possibility of refunding or of rebooking to the final destination
following the choice of the passenger. An airline is not required to pay
compensation if it is in a position to prove that cancellation was due to
extraordinary circumstances which could not have been avoided.

3. In the
event of long delays, the airline has to offer meals, refreshments, hotel
accommodation if necessary, and means of communication. If the delay exceeds 5
hours, it has to propose refunding the ticket (with, if necessary, a free flight
to your point of departure).

4. The new Regulation now has a broader
scope. Rights cover all types of flight by European airlines, whether charter,
regular, or domestic, departing from an EU airport (including the French
overseas departments), or departing from an airport outside the EU to an EU
airport, when the flight is operated by an EU airline and the passenger has not
received any compensation in a third country. As in the earlier Regulation, and
still within the scope of the legislative text, these laws apply to all
airlines, including "low cost" carriers.

5. Passengers will now be able
to apply, if necessary, to national control organisations especially established
to deal with their complaints and their disagreements with airlines. This
procedure will be less long and less expensive than a legal
procedure.

2. Is it true that an appeal has been lodged with the
European Court of Justice against the validity of this Regulation? Accordingly
will the application of this Regulation be suspended?

A British
national judge has indeed put a preliminary question to the Court of Justice
about the legality of this Regulation under a national procedure following an
appeal by certain airline associations (IATA, the association "low cost"
carriers and an association of insurers). The Court of Justice should, in
theory, decide this year. Meanwhile, the Regulation remains entirely valid as
the Court has not followed the request of these companies to suspend the effects
of the Regulation.

3. Will the appearance of these new rights not
cause any sharp increase in the costs of the airlines?

Better
protection of passengers’ rights will contribute to improving the image of
air transport and in particular of certain companies. The quality of service
forms part of competitiveness and runs in parallel with guarantees of
passengers’ rights. In particular, the rights contained in this Regulation
will help to greatly reduce the problems caused to passengers by the practice of
denied boarding, of cancellation or of long delays, which give a bad image to
the airlines.

4. Am I protected if I fly with a non-EU
airline?

Yes, but only if the flight (whether regular or charter)
with this non-EU airline leaves an EU airport.

5. Why are passengers
not covered when outside the EU?

The rights under this Regulation
cover all types of flight by European airlines, charter or regular, even if the
flight departs from an airport located abroad when this flight is to the EU and
the flight is operated by an airline licensed in the EU, provided the passengers
have not benefited from services or received compensation or assistance in the
third country (as for example in the case of the United States).

The
Regulation cannot cover flights by non-EU airlines departing an airport outside
the EU (to an airport located in a Member State) because this would be an
extra-territorial clause, extending rights and creating obligations for non-EU
airlines, beyond the borders of the EU.

6. Am I protected if my ticket
is issued under a fidelity or other commercial programme?

Yes, the
rights under the Regulation are entirely applicable to passengers flying for
example with standard "frequent flyer" programmes.

However, these rights
will not apply to the passengers who travel free of charge or at a reduced
tariff not available to the general public.

7. Am I also protected if
I use helicopter services?

This regulation applies only to passengers
of powered, fixed-wing planes.

8. Am I protected in the event of
extraordinary circumstances?

Yes, passengers always are entitled to
be assisted and to be informed, even in the event of exceptional circumstances,
and can consequently enjoy the rights contained in the Regulation, except for
the right to be compensated in the event of cancellation. In this case, it is up
to the airline company to prove that the cancellation is due to extraordinary
circumstances which could not have been avoided even if all the reasonable
measures had been taken. For example, safety warnings or an unforeseen strike
are circumstances that a company cannot avoid.

9. In the event of
cancellation of a flight due to ‘force majeure’, how can I check
that it is indeed an extraordinary circumstance which could not have been
avoided even if all reasonable measures had been taken?

According to
the Regulation, the company has to prove that it is indeed due to such an
exceptional circumstance. The passenger can always require the proof. If the
passenger is not satisfied with this information, he can refer the matter to the
body designated by the Member State. One aim of this Regulation is to also give
a means of redress to passengers faced with arguments that airlines sometimes
use to justify cancellations.

10. If the problem is not of the
responsibility for the airline (for example delays or cancellations due to the
bad air traffic management, equipment not provided by the airport, etc), why
should the airline have to be responsible for the passengers?

The
objective of the Regulation is to give a high level of protection to passengers.
The airline will be obliged, in these cases, to grant the passenger the rights
provided for under the Regulation. The airline subject to cancellation or delay
may always be able to request damages from the third persons responsible for the
problem under the applicable relevant laws.

11. Does this Regulation
also provide for rights in the event of problems with baggage, or in the event
of injury or death following an accident?

The Regulation which enters
into force on 17 February 2005 does not cover these aspects. However, other EU
legislation provides rights for passengers in the event of problems with baggage
and in the event of injury or death following an accident. The passengers of an
EU airline will be well protected whatever their destination and whatever the
flight taken, whether it is an international or domestic flight. International
legislation also provides some other rights which can apply to passengers of
non-EU airlines.

In particular, in the event of damage or loss of
baggage, the responsibility of an airline is limited to 1000 SDR (1 SDR =
€ 1.18 30.09.2004).

13. Certain Member States have not yet designated the
authorities to deal with complaints. What can I do then?

Indeed,
despite repeated requests by the European Commission, 12 Member States have not
yet communicated details of these bodies, leaving the passenger without
protection.

For the Member States which have not yet designated the
authorities, the Commission will use all means, including infringement
procedures, to compel them to apply the provisions adopted. In such cases,
passengers may address their complaints to a court.

Meanwhile, passengers
can also notify the European Commission’s Directorate-General for Energy
and Transport of their complaint, address: B-1049 Brussels (fax:
00(32-2)2999.1015, e-mail: tren-aprights@ec.europa.eu).

14.
Under this regulation, do people with reduced mobility or children receive
individual treatment?

Yes. People with reduced mobility and
unaccompanied children must be provided with these rights as a priority.
Non-sighted people and people with impaired vision must receive information on
their rights from the airlines in an accessible format.

15.
Cancellation, denied boarding or long flight delays cause a passenger damages
above the compensation or the refund provided for under this Regulation: can
they ask for additional compensation?

The rights recognised under the
Regulation do not exclude the possibility of a passenger or third person
claiming complementary compensation or compensation for damages (except in the
case of passengers who voluntarily gave up their reservation following denied
boarding), under applicable national law.

The compensation granted under
the Regulation may nevertheless be deduced from any such compensation granted
for damages.

16. Can the rights provided under this Regulation be
limited or increased, in particular by an exemption or a restrictive measure
appearing in the contract of carriage?

No. Such a clause would be
pointless. If however these exemptions applied, the passenger could always seek
complementary compensation through the courts or the competent
authority.

17. In the event of problems, who will inform me of my
rights?

First of all, all air carriers must post a notice at the
check-in area announcing that in the event of problems you can receive a text
stating your rights.

Moreover, in the event of denied boarding,
cancellation or a delay of at least two hours, airlines are required to provide
passengers with written notice of their rights.

Lastly, the European
Commission has launched an information campaign in airports, travel agencies and
with airlines to promote of passengers’ rights via posters and
leaflets.